Shock as suspect in Ong’ondo Were murder trial threats to kill prosecutor in court
Justice Kavedza said the mere utterance of the words ‘huyu tutamuua’ raise questions about the safety of witnesse
A suspect in Kasipul MP Ong’ondo murder trial took a strange twist after one of the suspects openly threatened to eliminate the prosecutor for opposing their release on bond.
Lake Basin Development Authority (LBDA) board member Ebel Ochieng, the court heard, had earlier sought to know from Police Constable Damian Mlongo the identity of the person seeking to have them stay in custody before issuing the threat forcing the prosecutor, Alan Muluma, to leave the courtroom.
“The suspect said ‘huyu ni nani hataki tuachiliwe’. We told him that it was the prosecutor. Then he said ‘huyo tutamuua,” Mlongo told the court.
It is then that the prosecution sought their continued detention pending a probe by the police.
“The Court heard from a court orderly that when the court had taken a break for the judge to give directions, one of the suspects, Ebel Ochieng Alias Dave Calo, reached out to the court orderly officer and inquired who the prosecutor was and threatened to kill him for opposing them being granted bail,” the prosecution submitted.
“This is deeply troubling. We intend to pursue this matter conclusively with the police. The court’s intervention is urgently needed,” it added.
Justice Diana Kavedza ruled, who termed the threats as unfortunate and shocking, proceeded to deny Ochieng and his co-accused,
William Shigali and Edwin Odhiambo, bail and directed that they be remanded at the Nairobi Industrial Remand pending mental assessment.
“I take note that the accused person has threatened to kill the prosecutor. The mere utterance of the words ‘huyu tutamuua’—the question is, what about the witnesses? It is unfortunate. I’m bereft of words. On these grounds, the three are denied bond/bail. I know now you stay in a good place but you will be remanded at Nairobi Industrial Remand. The first accused is to be escorted to Mathari Hospital for assessment,” she remarked in her ruling.
She further directed that he be held in solidary confinement.
The prosecution had earlier asked the court to deny them bond pending mental assessments on witnesses, one of who was the subject of an investigation by the Witnesses Protection Unit.
The three were among the first to be charged with Were’s murder, out of the more than arrested following the MP’s killing at a traffic stop near the Nairobi City Funeral Home last month.
Two others, Isaac Kuria, alias Kush, and Allan Omondi Ogola, were also arraigned and will be held at the Kamiti Prison pending mental assessment.
